Court raps Delhi police in rape-cum-murder case

New Delhi: A Delhi court has expressed anguish over the "non-professional and casual" manner of police in chargesheeting a man, allegedly involved in gangrape-cum-murder of a minor girl, for a milder offence of attempt to rape.

"The chargesheet has been filed in a most non-professional and casual manner by invoking lesser offences. I am deeply anguished to note that till date the investigating agency has not even bothered to further investigate the aspect of cause of death of the girl," said Additional Sessions Judge (ASJ) Kamini Lau.

The judge was upset that despite medical records suggesting that the 15-year-old girl was raped, the police chargesheeted the accused only for the offence of attempt to rape and causing grievous hurt to her.

The court framed charges against Delhi resident Hitesh for allegedly gang-raping the girl with the help of his associate Monu in a moving car on the March 19, 2010 morning in Bawana area in North West Delhi after kidnapping her. Monu is absconding.

The court said as the girl resisted the rape attempt in the car, the accused hit her hard on her backbone, leading her to suffer immediate paralysis waist downward.

The judge noted that after raping the girl, the accused "deliberately" caused the accident of their car by driving it into a ditch to destroy the evidence, while themselves jumping out of the vehicle.

Due to the accident, the victim received further injuries and eventually died after last year after long treatment. The court has put Hitesh on trial for offences of murder, kidnapping, gang rape, destruction of evidence and various other penal provisions of the IPC.

According to the police, the incident took place when the girl was returning from her grand parents' house. On her way back, she was accosted by the accused and dragged inside their car by them.

While framing charges against Hitesh, the court said the life of the victim, who was studying in class 9th at the time of the incident, "virtually" came to an end within minutes after she was dragged in the car.

"For the young girl aged 15 years, her life virtually came to an end within a matter of minutes as soon as she was forcibly lifted by the accused and raped in the moving car which thereafter driven into a ditch in an attempt to finish her. The trauma and pain which the girl must have undergone cannot be imagined," the ASJ said.

The court also noted the girl was in such a condition that a magistrate had to go to the hospital to record her statement after 16 days of the incident.

"It is prima facie evident that the act of the accused in using extensive force on the spine of the girl while raping her and thereafter in driving the car in a ditch was so eminently dangerous that it must, in all probability, cause death," the court said.

It pulled up police for not even collecting some vital forensic evidence in the case.

During the hearing, the investigating officer of the case told the court that they are in the process of collecting more evidence and would file a supplementary charge sheet later.